Berentz v. Board of Commissioners

The opinion of the court was delivered by

Parker, J.:

This is an action in mandamus, brought for the purpose of compelling the Board of Commissioners of the city of Coffey-*59ville to pay the plaintiff a pension pursuant to provisions of chapters 119 and 120 of the Laws of 1939 (G. S. 1943 Supp. 13-1492 to 13-1496, inc.), providing for the payment of pensions to water and light employees in certain cities. On issues raised by the pleadings and on agreed statement of facts the trial court granted a peremptory writ of mandamus and rendered a declaratory judgment, from which order and judgment the…